The United States Constitution History and Adoption & The Preamble

After The Revolution America won the Revolution (spoiler alert) After the war was won America established a government under The Articles of Confederation The Articles were Very Very Very Very Bad

The Constitutional Convention After the many Nationalists (people who supported a stronger central government) pointed out some of the weaknesses of the Articles of Confederation the Confederation Congress called for a convention of all the states “for the sole purpose of revising the Articles of Confederation.” Weaknesses of the Articles of Confederation The national government couldn’t raise taxes The national government couldn’t regulate trade The national government couldn’t draft troops Most power remained with state governments Every state but Rhode Island sent delegates to what became known as the Constitutional Convention, May 1787 in Philadelphia, PA.

The Founders (the authors of the Constitution) 55 Delegates 74 were chosen by various state legislatures (not elected by people), 19 could not make it. Many delegates arrived late or left early. The meetings were conducted in secret and members were not allowed to share what happened during the meetings until the conclusion of the convention. James Madison took this so seriously he didn’t release his notes until after his death. Most were lawyers 7 had been governors, 39 were members of the Confederation Congress George Washington was presiding officer Benjamin Franklin, James Madison, Alexander Hamilton Thomas Jefferson was absent because he was serving as minister to France at the time.

The Virginia Plan Detailed plan brought by the VA delegation mostly the work of James Madison Called for the scrapping of the Articles and creating 3 separate branches of government. Legislative, Executive, Judiciary Legislature would have two houses, with both houses depending on the population of states. This would benefit states with large populations like VA, NY, and MA.

The New Jersey Plan William Paterson – a delegate from NJ - offered a counterproposal. The NJ Plan didn’t scrap the Articles completely. Allowed a single house States would be equally represented Only real change was that the Continental Congress could raise taxes and regulate trade

Which plan would you have chosen? Write down answers to these questions Which plan is better for big, populous states? For small states with low population? Equal representation sounds great, but how could it backfire in Congress? Which plan would you have voted for? Why?

The Delegates Disagree The delegates agree to start with the VA Plan. The smaller states’ delegates want the legislature to have all states equally represented. Large states want the legislature to be based on population.

Roger Sherman of Connecticut struck a deal which became known as the Connecticut Compromise or the “Great Compromise”.

The Great Compromise One house of Congress would based on population the House of Representatives The representatives would be elected by eligible voters. One house of Congress would have states equally represented. the Senate, made up of 2 Senators from each state. Senators would be chosen by state legislatures not voters This was the case until 1913 and the passage of the 17th amendment.

The 3/5 Compromise (regarding slavery) Southern delegates wanted slaves to count towards their population in the House of Representatives. Northerners objected since slaves were not eligible to vote and that if they were counted as population that they should be counted for taxes as well. A compromise was settled upon, every 5 slaves would count as 3 free persons for purposes of representation and taxes. The diversity of US played a large role in the final drafting of the constitution. Balancing the different attitudes of the North and the South and the protection of minority rights inherent in the Bill of Rights. Clearly in this instance slaves were left out of this process.

So, how did the delegates limit this national government? Federalism power was shared between the national, or federal government, and the state governments. Separation of Powers separating powers of the government amongst the three branches: executive, judicial, and legislative. Checks and Balances Within this system, each branch of government had the ability to limit the power of the other two branches. Amendments changes to the constitution can be made anytime but must go through adoption process. Judicial Review The judicial branch would determine the constitutionality of the federal government’s actions

Ratification! The Great Debate In order to become law the Constitution had to be ratified, or passed, by nine of the 13 states. The people elected representatives to vote for or against the Constitution at a state convention. The two sides of the debate were given names: Federalists and Anti-Federalists.

Federalists Wanted to adopt the Constitution. James Madison Alexander Hamilton John Jay Wanted to adopt the Constitution. The name was chosen because they wanted to emphasize that the power would be shared between the states and the national government. Supporters were mostly merchants and artisans living in the large cities on the coast. Also, coastal farmers were supportive. The inability of the government to regulate trade hurt people the most.

Anti-Federalists From Left to right: Anti-Federalists Patrick Henry, George Mason, and Richard Henry Lee. Thomas Jefferson was also a staunch Anti-Federalist who was insistent on a Bill of Rights. Wanted the state governments to be more important than the national government. Wanted a Bill of Rights that guaranteed the rights of citizens in this new government. Many were western farmers living far from the coast who were suspicious of the wealthy and powerful.

Why The Federalists Prevailed The Federalists offered a program that they believed solved problems that most people, including Anti-federalists, acknowledged. The Federalists had an aggressive propaganda campaign present in the large coastal cities of the day. The Federalist Papers were 85 essays supporting the Constitution and rebutting criticisms of it.

However… We see one piece of the Constitution that the Anti-Federalists eventually won… The Bill of Rights The first ten amendments to the Constitution

The US Constitution The Preamble

The Preamble We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Preamble The Preamble lays out the purpose the founders have in mind for this new document. The basic idea is to provide for Hobbes, Locke, and Plato’s “common good”, to set up a government where all are given the opportunity to prosper. What are the SIX goals of the Constitution, according to the preamble?

The Preamble – DECODED! We the People of the United States, in Order to: form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

Constitution Presentations Each group will be given a separate portion of the Constitution that they will be presenting to the class. (A set of questions in the guided reading) 3-5 minute presentation Completed by Thursday, August 25th Make sure you go over the answers to your questions in the guided reading Can use a poster All members need to participate in presenting! How is this piece of the Constitution important today? 20 points – do your best!